6.3.9.4 Rule 91 Obvious Mistakes in Documents

Also in this Chapter:

• 6.3.9.1 Article 19 or Article 34(2)(b) Amendments

• 6.3.9.2 Formalities

• 6.3.9.3 General Notes on Form Completion​​​​​​​

• 6.3.9.5 Processing withdrawals of PCTs

Key Legislation:

Administrative Instructions under the PCT:

• s607 Rectifications of Obvious Mistakes under Rule 91

Regulations under the PCT:

• Rule 26.4 Procedure

• Rule 66.8 Form of Amendments

• Rule 91.1 Rectification of Obvious Mistakes

• Rule 91.2 Requests for Rectification

• Rule 92bis Recording of Changes in Certain Indications in the Request or the Demand

PCT ISPE Guidelines:

• Chapter 8 Rule 91 – Obvious Mistakes in Documents 

Related Chapters:

• 6.1.17 Rule 91 Obvious Mistakes in Documents

• RIO - Processing PCT Tasks - Box I

Procedure outline for rectifications

Rule 91.1 provides that obvious mistakes may be rectified. A request for rectification will be in the form of a letter from the applicant. The manner in which rectifications are requested is specified in Rule 26.4 (Rule 91.2).

Where a request for rectification in respect of any document other than the request form is submitted to the International Preliminary Examining Authority (IPEA), the PCT Unit will forward to the relevant examination unit for consideration:

• the request for rectification

• the relevant file

• the necessary forms.

See Rule 91.1 and PCT/GL/ISPE/12 at Chapter 8.

The search examiner considers whether the mistakes are rectifiable under Rule 91.1 and gains agreement from a senior examiner. The examiner then completes form PCT/IPEA/412 inserting the name of the senior examiner consulted as ‘Authorised Officer’ and clicks Submit Task in RIO.

Considering rectification requests and obvious mistakes

Rule 91.1(c) to (g) is the only source of instruction when considering requests for rectification; that is, case law does not exist.

Obvious mistakes in the description, claims or drawings, abstract, or any paper submitted to the IPEA are rectifiable by the IPEA. See 6.1.17 Rule 91 Obvious Mistakes in Documents for guidance on the nature of an ‘obvious mistake’. Rule 91.1 does not apply for rectifications to the request form, which are considered under Rule 92 bis.

Note:

1. Where rectifications authorised by the IPEA involve a replacement sheet, copies of the replacement sheets must be annexed to the International Preliminary Examination Report (Rule 66.8(a), Rule 70.16, and Administrative Instructions s607). Presence of the annex or annexes is to be indicated on the cover sheet of PCT/IPEA/409. Box I of PCT/IPEA/409 is to be indicated as ‘originally filed/furnished’.

2. Although Rule 91.1(h) allows the IPEA to invite rectifications, it is not envisaged that such invitations will be issued. This is because any mistakes which can be rectified under Rule 91 will not cause any problems in establishing the International Preliminary Report on Patentability Chapter 2 (IPRPII).